First National Life Insurance Co. v. Clint Herring

This is a suit on a policy of hospitalization insurance brought by plaintiff Clint Herring against defendant Insurance Company to recover benefits allegedly due to him under such policy. Plaintiff filed his original petition on 13 March 1958. On 26 March 1958 defendant filed its original answer and motion to dismiss. Such answer contained some eight exceptions to plaintiffs original petition, together with a motion to dismiss. On 5 May 1958 plaintiff filed his first amended original petition, which largely met the objections levelled in defendants original answer. In such first amended petition plaintiff alleged that defendant had issued him a hospital and medical policy; that premiums on same had been paid; that such policy was in full force and effect; that he was injured by being gored by a bull; was hospitalized as a result thereof, incurring expenses covered by the policy in the amount of $187.20. Plaintiff plead for 12% statutory penalty (Article 3.62, Insurance Code V.A.C.S.) in the amount of $22.46; and reasonable attorneys fees in the amount of $125. (Plaintiff attached a photostatic copy of the insurance policy and copies of his hospital and medical bills as exhibits.)